The Study On The Knowledge Issue Of Criminal Intention

In the theory ofsubjective fault,the knowledge issue of criminal intention has always been one of the most important questions, knew perfectly well the judgment direct relation crime or not and this crime and other crime's recognizing, has the vital significance regarding the criminal law theory and the criminal justice practice, always pays attention for the criminal law theorists and the judicial practical realm. But the criminal law regarding knew perfectly well theoretically the research still has many disputes, in criminal legislation and judicial interpretation, also appeared many with had known perfectly well that the meaning close terminology, has caused the different meanings and the immediate influence the judicature which knew perfectly well has been suitable. In view of the fact that knew perfectly well importance, it is necessary to conduct more thorough research to it, is helpful by the time to the criminal law subjective crime theory perfect criminal justice practice. This article will know perfectly well and the related terminology from the practice causes different meanings several kind of phenomena to obtain, to draw out knew perfectly well in the theory exists the question, and from the meaning which, the content knew perfectly well and recognizes and so on aspects, to knew perfectly well that carries on system's discussion and the research.The traditional criminal law theory will know perfectly well the meaning explained that to include merely knows this situation explicitly, however along with society's development, this ossification's understanding already could not adapt the attack crime and the protection social order need obviously. In addition in the criminal legislation and the judicial interpretation, appeared such as had possibly known that must know and so on and knew perfectly well the close usage, this expanded the meaning which actually to a certain extent knew perfectly well, and has caused many different meanings. This article summarized had known perfectly well that caused the different meanings phenomenon, evaluated had known perfectly well that the meaning dispute viewpoint, discussed take the philosophy understanding essence principle and the risk society theory as the instruction knows perfectly well the meaning, and using the criminal law explained that the principle discussion knew perfectly well with the related terminology difference, thus obtained knew perfectly well that including knew explicitly with conclusion which possibly knew.Regarding the content which knew perfectly well, the logically coherent argument thought that must include the fact essential factor and the regulated appraisal knew two aspects the contents, disputed lies in these two aspects the concrete essential factor choices, particularly regarding illegal knew whether is the intentional offense understanding factor content, has been huge in the criminal law theorists dispute. This article bases on the meaning which knowing perfectly well, and unifies the intentional offense legislation and the crime principle, has discussed the fact essential factor actual content which knew perfectly well, and thought knew perfectly well the content must contain the social hazardous nature to know, must include the illegal understanding.Recognized that the intentional offense subjective aspect is always in the criminal law theory and a practice difficult problem, in view of the fact that this article will know perfectly well the meaning has carried on the expansion, and approved knew perfectly well the content contains illegal to know, this to knows perfectly well without doubt recognized set a higher request, therefore needs to utilize the special auxiliary way to recognize knew perfectly well. This article after summarizing in the practice to know perfectly well estimation present situation, discussed had known perfectly well that the estimation the concept and was suitable the value, initiated to recognize using the estimation way knew perfectly well. But considered the estimation way inherent dual character, this article from knew perfectly well emphatically the estimation the establishment and is suitable two aspects to perform the standard, thus the greatest degree guaranteed that knew perfectly well the estimation legitimate, is accurate and is effective.